PARTIES in a case in which former second Republican president, Frederick Chiluba has applied for judicial review in the High Court have agreed that he should be allowed to file late submissions in a case before the magistrate.

The State and the defence entered into an interim agreement when the matter, which is before High Court Judge Tamula Kakusa, came for hearing yesterday afternoon.

"The defence had a meeting with the accused's lawyers yesterday and the State has agreed to assist Chiluba to file his submissions out of time in a matter that was before a lower court," State prosecutor Mutembo Nchito said.

The State would draw up a consent judgment which would be filed in the lower court and in an event that the sitting magistrate accepted the submissions, Chiluba's lawyers would discontinue the judicial review case.

And Chiluba's Press aide, Emmanuel Mwamba said the late submissions would be taken into account in the judgment set for July 20 this year.

Chiluba had applied for judicial review in the Lusaka High Court after a magistrate court rejected his written submissions at the close of a case in which he is charged with theft of public funds.

Chiluba's co-accused, former Access Financial Services (AFS) directors, Aaron Chungu and Faustin Kabwe, tendered in their submissions while Chiluba did not and had his application for submitting late rejected, forcing him to apply for judicial review.

And Judge Kakusa proposed a consent judgment in the interest of time considering there was little time remaining for judgment to be passed by the magistrate's court.

Mr Justice Kakusa said that hearing the case would delay the case in the magistrate's court for another six months should the application for judicial review be accepted.

He said that it would not be injurious if the magistrate's court admitted Chiluba's written submissions.